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A rights defender, while she was, was taken into custody near her residence in March 2024. Accused with a crime of "illicit association", she was jailed without evidence. Three weeks later, her relatives received a call to collect the remains of her newborn baby. The reason of death has not been investigated, and the family does not know the circumstances or whether she received any postnatal care.

An International Problem

Situations like these are alarmingly common in detention centers internationally. Expectant mothers are often held in deplorable conditions and denied necessary care. Some miscarry, others begin childbirth and have their babies by themselves in a cell. Tragically, infants die in custody.

"Governments assume it’s a minority of women so it’s not an issue, but that’s not true," states a legal advocate focused on women's incarceration.

"Incarceration is a terrible environment for women, especially not for someone who is pregnant," she adds. "There’s so much evidence that indicates how harmful it is. Most facilities were built with male inmates in mind, so women were an secondary consideration."

Violated Global Standards

Over 15 years since the establishment of specific standards for the handling of female prisoners. This framework specify that prison should be a final option for expectant mothers and that alternatives to detention should always be considered. They also ban the use of restraints on women during labour.

But, these standards are consistently flouted globally. "This is not viewed as a worldwide gender-equality priority," argues the expert. "It’s not visible, and there’s a lot of stigma and prejudice."

Critical Conditions in Packed Prisons

In various regions, situations for expectant inmates are reported to be "extremely dire". Contact with relatives have been banned, and rights groups are barred from entry. Accounts with formerly incarcerated women reveal beatings, abuse, and being denied essential items. Reports indicate some are forced into exchanging favors with prison staff for food or medical supplies.

"Our organisation has recorded pregnancy losses and the loss of four babies … it is certain there are more," says a rights defender.

Accounts also tell of women who were shackled to hospital beds while in labor and delivered while observed by male prison guards.

Severe Overpopulation and Its Effects

Statistics lists some countries as having the most severe prison occupancy levels in the world. Women are particularly vulnerable to these situations. "There is seldom enough space to fully lie down," says a advocate. "There exists a persistent lack of access to basic items."

Expectant inmates have been handcuffed to beds before giving birth. Conditions for raising a newborn back in prison are alarming, as shown by reports of babies succumbing from pneumonia and severe malnutrition in custody.

Stories from Around the Globe

In one African country, a former inmate recalls being in a cell with pregnant women. Cell doors were locked overnight. When someone started giving birth at night, the women were left to fend for themselves. "We would be pleading. Others were praying. Others were banging on the ground and the gates, screaming: ‘Please come, somebody’s in labour!’"

These tragedies also happen in more developed nations. For example, a young woman her baby died after delivering alone in a cell. Her calls for help went unanswered for an extended period, and she was had to bite through the cord herself.

From Experience to Advocacy

Some women have chosen to use their experiences to advocate. In the United States, a woman who miscarried in her cell founded an advocacy group. She has successfully advocated for legislation that ban shackling and solitary confinement for expectant inmates in numerous jurisdictions.

A separate account comes from South America. A woman learned of her pregnancy shortly after being given a prison term. During her delivery, officers shackled her legs to the hospital bed. Hospital staff performed a C-section. As she recovered, they suggested to perform sterilization. "Why would you wish to have more children, if you’re a inmate?" was the response.

"My ordeal was medical abuse during childbirth. What I experienced should never have happened, but this is what women in prison endure," she says. Her experiences later informed provincial policies around childbirth in detention.

Potential Reforms

Some nations have implemented measures regarding expectant mothers in the justice system. Among them are:

• Evaluating non-custodial options for accused women who are mothers, pregnant, or nursing mothers.
• Implementing house arrest as an option to being held on remand, especially for pregnant women.
• Permitting the deferral of sentences for pregnant women.

Advocates and people with experience contend that, in most cases, pregnant women ought not to be in prison at all. "We must ask whether women should be prosecuted for numerous offenses in the first place," argues the expert.

"Community-based solutions that tackle the underlying reasons of women entering the justice system – for example, poverty, violence and substance issues – are truly what we should be investing in."